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(영문) 수원지방법원 2015.10.22 2015가합60415
사해행위취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. A Co., Ltd. (hereinafter “A”) (hereinafter referred to as “A”) supplied the Japanese Steel Co., Ltd. (hereinafter referred to as “Seoul Steel”) with goods, such as steel bars and H-be, as of December 3, 2012, with a claim for the price of goods equivalent to KRW 2,867,227,02, as of December 3, 2012.

B. On November 29, 2012, the Japanese Steel had already been in excess of its obligation, and the first default on November 30, 2012, and the first default on the payment of debt was finally processed on December 12, 2012.

C. As of November 30, 2012, the Defendant owned the claim for the payment of KRW 1,765,614,713 against the Japanese Steel as of November 30, 2012, and on April 29, 2013, issued an order to pay “1,058,151,794 won and damages for delay” from the Sungnam-si District Court of Sungnam Branch as of April 29, 2013.

The defendant is based on the executory copy of notarial deed No. 535 of No. 535 of the certificate of preparation of the notary office in the Japanese Steel Co., Ltd. dM below 'DM' of the Japanese Steel.

On December 4, 2012, the debtor was ordered to attach claims and assignment order on December 21, 2012 with respect to the claim of KRW 100,000,000 among the claim for the purchase of goods against DM, and the debtor was issued an assignment order on December 21, 2012 with DM with respect to the claim of KRW 100,000 as DM.

E. On December 3, 2012, the Defendant filed an application for provisional seizure of the claim amounting to KRW 300 million against DM in relation to the claim of KRW 300 million against Suwon Steel as the debtor was DM with the debtor as Suwon District Court 2012Kadan51251, Suwon District Court 201, and received a decision of accepting it from the above court on December 12, 2012.

F. On December 7, 2012, the Defendant filed an application for a seizure and collection order on the claim against DM of the Japanese Steel as the debtor, the third party debtor, having the debtor as DM, and applied for a seizure and collection order on the claim against DM of the Japanese Steel. However, the Defendant withdrawn it on December 21, 2012.

G. The Defendant on December 20, 2012

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